HomeMy WebLinkAboutBy-law No. 1999-098 CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW 99-98
BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY
THAT PART OF THE ROAD ALLOWANCE DESCRIBED IN
SCHEDULE "A" AS RIVER STREET AND ALLEY,
REGISTERED PLAN 54 (VILLAGE OF VIENNA)
WHEREAS Section 297 of the Municipal Act,R.S.O. 1990, Chapter M.45 permits Councils of
municipalities to pass by-laws to stop up,close and sell highways;
AND WHEREAS notice of this By-law has been published once a week for four successive weeks
in the Aylmer Express.
AND WHEREAS the Council of the Corporation of the Municipality of Bayham has heard in
person, or by counsel, solicitor or agent, all persons claiming that their land will be prejudicially
affected by this By-law and who applied to be heard;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
expedient to stop up, close and convey that part of the Road Allowance as set out in Schedule"A"
attached hereto and forming part of this By-law to the adjoining land owners,being Bryan and
Gundy Goutouski;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT upon and after the passing of this By-law that portion of road allowance described in
Schedule"A" attached hereto and forming part of this By-law be and is hereby closed and
stopped up.
2. THAT all of that part of the said unopened road allowance herein before described and
stopped up shall be conveyed to the adjoining owners Bryan and Gundy Goutouski.
3. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby
authorized to execute such deed or other documents as may be necessary to effect
conveyances of those parts of the said unopened road allowance described herein and which
have been stopped up and closed.
4. THAT this by-law shall come into full force and effect upon the date of its enactment.
5. THAT this by-law shall be registered in the Land Registry Office for the Registry Division
of Elgin, No. 11
READ A FIRST AND SECOND TIME this 16th day of DECEMBER, 1999.
READ A THIRD TIME AND FINALLY PASSED this 16th day of DECEMBER, 1999.
y7.1 nr1
MAYOCLERK
1, LYNDA MILLARD, CLERK
of the Corporation of the Municipality of Bayham,
certify the foregoing is is certified true copy
Dated thisllZday of
' q
SCHEDULE "A"
To By-law 99-98
PROPERTY DESCRIPTION
Municipality of Bayham, County of Elgin (formerly Village of Vienna);
FIRSTLY:
All Lands marked"Alley"between Lots 3 and 4, North on River Street,Registered Plan 54, in the
Municipality of Bayham, County of Elgin(formerly Village of Vienna);
SECONDLY:
All of"River Street" lying north of Chapel Street, Registered Plan 54 in the Municipality of
Bayham, County of Elgin (formerly Village of Vienna).
DYE:R DURHAi-1 CO Illi.. •Form Na.970
Amended NOV. /992
N ofProvince Transfer/Deed of Land
•"1...r' Ontario
Form 1 — Land Registration Reform Act A
r ,,,-
(1) Registry ❑} Land Titles ❑ Y(2) Page 1 of 3 pages
(3) Property Block Property
Identifiers) Additional:
See I-I
Schedule L�
(4) Consideration
J TWO Dollars$ 2. 00
o (5) Description This is a: Property ,___, Property
Division Consolidation ❑
Lu Municipality of Bayham, County of Elgin, (formerly Village of Vienna);
D
FIRSTLY:
w All Lands marked "alley" between Lots 3 and 4, North on River Street,
LL Registered Plan 54, in the Municipality of Bayham, County of Elgin,
O New Property identifiers
o Additional: (formerly Village of Vienna);
LL See ❑
Schedule SECONDLY:
Executions All of River Street Lying North of Chapel Street, Registered Plan
Additional
( . �: .7. _ •-_•-_ ' _ •-7:: _ _ t. -, _:tatty•
See OHl. i., 1 1L!..rn ,. ,+7Fr tF:( ,f:.i. 'f,:� :u:lf! (' ti. 'r:I cr :.ills .
Schedule El (6,,,,, t,( , , (ii•.rr ct t.'. 'r.itic,
{6) This (a)Redescription (b) Schedule for• (7) Interest/Estate Transferred
Document New Easement Additional Fee Simple
Contains Plan/Sketch ❑ Description L I Parties ❑ Other
(8) Transferor(s) The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years old and that
Date of Signature
Name(s) C00.151 I2rF ic'- . r Si. ture(s) • Y M D
THE OF THE i7 /-e4 _ r•
le-c_ Y �� ;
HAYHAM / f/ n
I
(9) Spouse(s) of Transteror(s) I hereby consent to this transaction Date of Signature
Name(s) Signature(s) Y M D
(10) Transteror(s)Address
for Service P.O. Box 160, Straffordville, Ontario. NOJ 1Y0
(11)Transferees) Date of Birth
Y M D
GOUTOUSKI, Gundy 1947 05 02
. . . . . . . . . . . . . . .
GOUTOUSKI, Bryan 1948 12 28
as Joint Tenants
(12) Transferee(s) Address
for Service P. 0. Box 135, Vienna, Ontario. NOJ 1Z0
(13) Transferor(s)The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Planning Act,
Date of Signature Date of Signature
V M D i V M D
Signature Signature
Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to
determine that this transfer does not contravene that section and based on the information supplied by the transferor, to the best of my knowledge and
z belief, this transfer does not contravene that section. I am an Ontario solicitor in good standing. Date of Signature
Name and l Y M D
CI Address of
0 Solicitor Signature
U (14) Solicitor for Transferee(s) V have in"esti tatecl the title In the land and to t.bulting land where relevant and I am satisfied that the title records
cr 9 T` reveal no contra•rention as set out in subclause 50(22) (c) (ii)al the Planning Act and that to the best of m., knowledge and belief 11115 transfer
F c y y does not contra-:ire section 50 of the Pl_nninrt/d. I ac'independ.'.ntly nl th^solicitor for the transferor(s)and I am an Ontnno solicitor in Heel slandiry .
aNt-N
O Nom Name and Date of Signature
xoS Address of V H D
Q.,ta Solicitor
O
Signature.
t
(15) Assessment Roll Number Cly Mun. Map Sub Par l l l ' Fees and Tax
r
of Properlynot availz Registration Fee
w
(16) Municipal Address of Property (17) Document Prepared by: Michael Doyle O
R. R. # 1, DOYLE & PRENDERGAST rn Land Transfer Tax
D '
Vienna, Ontario . 10 Sydenham Street. , w
NOJ 1TO Aylmer, Ontario. 1
N5H 1L2 0
MD/lw o
l`. T J��_ Total
DYE 3 DURHAM CO.INC,--Form No.990
Kai Prc,vir1C? �r'�+� Amended NOV. 1992
Ontario Schedule
I e
Form 5 — Land Registration Reform Act
Page 7
Ado' anal PrpperWW Idenilfltr(a) and for Other Information i
RECITALS
WHEREAS the herein described lands were a Road Allowance closed by the
Municipality of the Corporation of the Township of Bayham, by By-Law No.
and registered as Instrument Number
LL z
LL
tj
flll
W} �
OW
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°"E8 tld Form No.500A19Affidavit of Residence and of Value of the Consideration
Form 1 - Land Transfer Tax Act
Refer to all instructions on reverse side. one/description o�
IN.THE ciTE Rpa i THE t isayn E O, [itounty of of l) in, ( tormerl Village of Vienna ) , FirsytZ—
municipality o1 fay am, county g y g y,
All lands marked "Alley" between L:ots 3 & 4, North on River Street, Plan 54,
Secondly:All of River Street, lying North of Chapel Street, Plan 54 ;
B Y(print names of an transferors in tali)
The Municipality of the Corporation of the Township of Bayham
TO(see instruction 1 and print names of ait transferees in full)
Gundy Goutouski and Bryan Goutouski
1, (see instruction 2 and print names)in full)
Michael Doyle
MAKE OATH AND SAY THAT:
1. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2)
Q (a)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed;
❑ (b)A trustee named in the above-described conveyance to whom the land is being conveyed;
(c) A transferee named in the above-described conveyance;
® (di The auth rized gent or solicitor acting in this transaction tor (Insert name(s)of principal(s))
Gundy anBryan Goutouski
described in paragraph(sl (a), (b). (c) above; (strike out references to inapplicable paragraphs)
▪ (e) The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (Insert name(s)of corporation(s))
described in paragraph(s) (a), (b), (c) above; (strike out references to inapplicable paragraphs)
O (f) A transferee described in paragraph( I(Insert only one of paragraph(a),(b)or(c)above,as applicable) and am making this affidavit on my own behalf and on
behalf of (insert name of spouse) who s my spouse described
in paragraph ( ) (insert only one of paragraph(a),(b)or(c)above,as applicable) and as such,i have personal knowledge of the facts herein deposed to.
2. (To be completed where the value of the consideration for the conveyance exceeds$400,000).
I have read and considered the definition of"single family residence"set out in clause 1(1(((a)of the Act.The land conveyed in the above-described conveyance
O contains at least one and not more than two single family residences. Note: Clause 2(11(d) imposes an additional tax at the rate of one-half of one per
O does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey-
EI
contains more than two single family residences.(see instruction 3) ance contains at least one and not more than two single family residences.
3. I have read and considered the definitions of"non-resident corporation"and"non-resident person"set out respectively in clauses 1(1)(f) and (g) of the Act
and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a"non-resident corporation"
or a"non-resident person"as set out in the Act. (see Instructions 4 ands) none
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS:
(a) Monies paid or to be paid in cash $ 2. 00
Ib)Mortgages (I) Assumed (show principal and interest to be credited against purchase price) . - $ n i 1
(ii) Given back to vendor $ nil
(c) Property transferred in exchange (detail below) $ n1-1 All Blanks
(d)Securities transferred to the value of (dela below) $ nil Must Be
(e) Liens,legacies,annuities and maintenance charges to which transfer is subject _ $ nil
Riled n i 1 lin,
(f) Other valuable consideration subject to land transfer tax (detail below) $ /risen"Nit"
(g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO
LAND TRANSFER TAX (Tota/of(a)to(f)) $ 2. 00 $ 2. 00 Where
fh)VALUE OF ALL CHATTELS - items of tangible personal property Applicable.
(Retail Sates Tax is payable on the value of ail chattels unless exempt under $ n i 1
the provisions of the'Retail Sales Tax Act",A.S.O. 19811,c.454,as amended) • • - ' n i 1
Otrier consideration for transaction not included in(g) or(h)above $
(1) TOTAL CONSIDERATION $ 2. 00
5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see Instruction 6)
n/a
6, If the consideration is nominal,is the land subject to any encumbrance? no
7. Other remarks and explanations,if necessary. This Deed is being registered to transfer
a closed Road Allowance to the abutting land owners.
Sworn before me at the Town of Aylmer
in the County of Elgin
this day of 1D 99
signature(s)
A Commissioner for taking Affidavits,etc.
Property Information Record For Land Registry Office Use Only
A. Describe nature of instrument: Deed Registration No.
B. (L) Address of property being conve ed (if available) R• R• # 1,
Vienna, Ontario. NOJ� iTO
(ii) Assessment Roll No. (if available)
C. Mailing addressles)for future Notices of Assessment under the Assessment Act for property being
conveyed(see instruction 7) P.O. Box 135, Vienna, Ontario. Registration Date I Land Registry Office No.
NOJ 1Z0
D. (i) Registration number for last conveyance of property being conveyed(if available) — tl--
Oil Legal description of property conveyed: Same as in D.(i) above. Yes❑ No LJ Not known El
E. Name(s) and addressles) of each transferee's solicitor
DOYLE & PRENDERGAST
10 Sydenham Street. ,
Aylmer, Ontario. N5H 1L2
School Tax Support(Voluntary Election) See reverse for explanation
(a) Are alt individual transferees Roman Catholic? Yes❑ No❑
(5) 'f Yes, do all individual:ransierees wish to be Roman Catholic Secarate School Supporters? Yes❑ No❑
(c) Do all individual transferees have French Language Education Rights? Yes❑ No❑
(c) If Yes,do all individual transferees wish to support the French Language School 9oard (where established)? Yes❑ No❑
NOTE:As to(c)and(d)the land being transferred will be assigned to the French Public School Board or Sector unless otherwise directed in(a)and(b). o44gD(eo-tP,,